Bill
Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019
lapsed, as at 2019-11-28. Industrial Relations portfolio.
- Sponsor
- Not recorded
- Portfolio
- Industrial Relations
Recorded stages
- introduced — 2019-07-04
- second reading — 2019-07-04
- second reading — 2019-07-29
- second reading — 2019-07-31
- second reading — 2019-07-31
- third reading — 2019-07-31
- introduced — 2019-07-31
- second reading — 2019-07-31
- second reading — 2019-11-26
- second reading — 2019-11-27
- second reading — 2019-11-27
- committee — 2019-11-28
- committee — 2019-11-28
Divisions
- The majority voted against a motion introduced by Watson MP [Tony Burke](https://theyvoteforyou.org.au/people/representatives/watson/tony_burke) (Labor), which means it failed. Had this motion succeeded, the bill would have been rejected. ### Motion text > *That all words after "That" be omitted with a view to substituting the following words:* > > *"the House:* > > *(1) declines to give the bill a [second reading](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html); and* > > *(2) notes that:* > >> *(a) this Government has not proposed legislation to deal with important workplace relations matters, such as wage theft, flat lining wages growth, or deaths in the workplace;* >> >> *(b) this bill and the Act it seeks to amend represent an inconsistent approach by the Government to responding to Royal Commissions; and* >> >> *(c) the Government's entire approach to workplace relations laws is to attack workers' organisations with the specific intention of weakening the capacity of those organisations to combat wage theft, achieve wage growth, and ensure that workplaces are safe".* — 2019-07-31, House of Representatives: negative, ayes 66, noes 77
- The majority voted in favour of a motion to agree with the main idea of the bill. In parliamentary jargon, they voted to read the bill for a [second time](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html). This means that they can now discuss it in greater detail. ### What is the bill's main idea? The bill was [introduced in order to](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6348): * *include certain serious criminal offences as a new category of ‘prescribed offence’ for the purposes of the automatic disqualification regime in relation to registered organisations;* * *establish an offence for a disqualified person to continue to act as an official or in a way that influences the affairs of an organisation;* * *allow the Federal Court to disqualify officials from holding office in certain circumstances or if they are otherwise not a fit and proper person;* * *allow the Federal Court to cancel the registration of an organisation on a range of grounds;* * *expand the grounds on which the Federal Court may order remedial action to deal with governance issues in an organisation;* * *expressly provide that the Federal Court may appoint an administrator to an organisation or part of an organisation as part of a remedial scheme;* * *introduce a public interest test for amalgamations of registered organisations; and* * *make minor and technical amendments.* — 2019-07-31, House of Representatives: affirmative, ayes 76, noes 67
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2019-11-26.165.1) introduced by WA Senator [Mathias Cormann](https://theyvoteforyou.org.au/people/senate/wa/mathias_cormann) (Liberal), which means it passed. ### Motion text > *That—* > > *(a) the routine of business for the remainder of today shall be:* > >> *(i) consideration of the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019, second reading speeches only,* >> >> *(ii) if a division is called after 7.20 pm, the division shall be taken on the next day of sitting, and* >> >> *(iii) the Senate shall adjourn without debate after the conclusion of the second reading debate, or at 9 pm, or after a motion for the adjournment is moved by a minister, whichever is the earlier; and* > > *(b) on Wednesday, 27 November 2019:* > >> *(i) the routine of business from 7.20 pm shall be consideration of the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019, second reading speeches only, and* >> >> *(ii) if a division is called after 7.20 pm, the division shall be taken on the next day of sitting, and* >> >> *(iii) the Senate shall adjourn without debate after the conclusion of the second reading debate, or at midnight, or after a motion for the adjournment is moved by a minister, whichever is the earlier.* — 2019-11-26, Senate: affirmative, ayes 39, noes 33
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2019-11-28.12.1) introduced by WA Senator [Mathias Cormann](https://theyvoteforyou.org.au/people/senate/wa/mathias_cormann) (Liberal), which means it succeeded. ### Motion text > *That a motion to provide for the consideration of the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019 may be moved immediately and determined without amendment or debate, namely:* > > *That—* > > *(1) the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019 be called on immediately and have precedence over all other business, except as follows:* > >> *(a) at 11.45 am:* >> >>> *(i) the giving of notices of motion,* >>> >>> *(ii) tabling and consideration of the Selection of Bills Committee report, and* >>> >>> *(iii) placing of business;* >> >> *(b) at 2 pm, questions, followed by* >> >> *(c) consideration of the notices of motion proposing the disallowance of the Quality of Care Amendment (Minimising the Use of Restraints) Principles 2019 standing in the names of the Chair of the Standing Committee on Regulations and Ordinances (Senator Fierravanti-Wells) and Senator McKim, for not more than 30 minutes, and the question on the motions shall then be put.* > > *(2) If consideration of the bill listed in paragraph (1) is not completed by 4.30 pm, the questions on all remaining stages shall then be put.* > > *(3) Paragraph (2) shall operate as a limitation of debate under standing order 142.* > > *(4) Divisions may take place after 4.30 pm for the purposes of the bill only and after conclusion of consideration of the bill, the Senate shall return to the routine of business.* — 2019-11-28, Senate: affirmative, ayes 39, noes 33
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2019-11-28.15.1) introduced by WA Senator [Mathias Cormann](https://theyvoteforyou.org.au/people/senate/wa/mathias_cormann) (Liberal), which means it succeeded. ### Motion text > *That—* > > *(1) the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019 be called on immediately and have precedence over all other business, except as follows:* > >> *(a) at 11.45 am:* >> >>> *(i) the giving of notices of motion,* >>> >>> *(ii) tabling and consideration of the Selection of Bills Committee report, and* >>> >>> *(iii) placing of business;* >> >> *(b) at 2 pm, questions, followed by* >> >> *(c) consideration of the notices of motion proposing the disallowance of the Quality of Care Amendment (Minimising the Use of Restraints) Principles 2019 standing in the names of the Chair of the Standing Committee on Regulations and Ordinances (Senator Fierravanti-Wells) and Senator McKim, for not more than 30 minutes, and the question on the motions shall then be put.* > > *(2) If consideration of the bill listed in paragraph (1) is not completed by 4.30 pm, the questions on all remaining stages shall then be put.* > > *(3) Paragraph (2) shall operate as a limitation of debate under standing order 142.* > > *(4) Divisions may take place after 4.30 pm for the purposes of the bill only and after conclusion of consideration of the bill, the Senate shall return to the routine of business.* — 2019-11-28, Senate: affirmative, ayes 39, noes 33
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2019-11-28.17.2) to agree with the main idea of the bill. In parliamentary jargon, they voted to read the bill for a [second time](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html). This means that they can now discuss it in greater detail. ### What is the bill's main idea? The bill was [introduced in order to](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6348): * *include certain serious criminal offences as a new category of ‘prescribed offence’ for the purposes of the automatic disqualification regime in relation to registered organisations;* * *establish an offence for a disqualified person to continue to act as an official or in a way that influences the affairs of an organisation;* * *allow the Federal Court to disqualify officials from holding office in certain circumstances or if they are otherwise not a fit and proper person;* * *allow the Federal Court to cancel the registration of an organisation on a range of grounds;* * *expand the grounds on which the Federal Court may order remedial action to deal with governance issues in an organisation;* * *expressly provide that the Federal Court may appoint an administrator to an organisation or part of an organisation as part of a remedial scheme;* * *introduce a public interest test for amalgamations of registered organisations; and* * *make minor and technical amendments.* — 2019-11-28, Senate: affirmative, ayes 39, noes 33
- The majority voted against amendments introduced by the Australian Greens, which means they failed. ### Motion text > *(1) Amendment (9), item 11, paragraph 223(1)(a), omit "a designated finding within the meaning of paragraph 9C(1)(a) (criminal) is made", substitute "2 or more designated findings within the meaning of paragraph 9C(1)(a) (criminal) are made".* > > *(2) Amendment (9), item 11, omit subparagraph 223(1)(b)(i), substitute:* > >> *(i) 2 or more designated findings within the meaning of paragraph 9C(1)(b) (civil) have been made against any organisation within the last 7 years in relation to conduct engaged in while the person is an officer of the organisation; and* > > *(3) Amendment (9), item 11, subparagraph 223(1)(b)(ii), omit "least 180 penalty units", substitute "least 210 penalty units".* > > *(4) Amendment (11), item 11, omit paragraph 223(3A)(a), substitute:* > >> *(a) 2 or more designated findings within the meaning of paragraph 9C(1)(b) (civil) have been made against any organisation within the last 7 years in relation to conduct engaged in while the person is an officer of the organisation; and* > > *(5) Amendment (11), item 11, paragraph 223(3A)(b), omit "least 900 penalty units", substitute "least 1,100 penalty units".* > > *(6) Amendment (11), item 11, after subsection 223(3A), insert:* > >> *(3B) For the purposes of paragraph (3)(c) or (3A)(c), in determining whether a person failed to take reasonable steps to prevent the conduct mentioned in paragraph (3)(a) or (3A)(a), regard must be had to the office held by the person in the organisation when the conduct occurred.* ### What is the bill's main idea? The bill was [introduced in order to](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd057): * *include serious criminal offences punishable by five or more years’ imprisonment as a new category of ‘prescribed offence’ for the purposes of the automatic disqualification regime which prohibits a person from acting — 2019-11-28, Senate: negative, ayes 32, noes 36
- The majority voted in favour of keeping item 6 of schedule 3 unchanged after the Australian Greens moved for it to be opposed. ### Motion text > *6 After paragraph 343B(2)(h)* > > *Insert:* > >> *(ha) subsection 323(1);* ### What is the bill's main idea? The bill was [introduced in order to](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd057): * *include serious criminal offences punishable by five or more years’ imprisonment as a new category of ‘prescribed offence’ for the purposes of the automatic disqualification regime which prohibits a person from acting as an official of a registered organisation* * *allow the Federal Court to disqualify officials from holding office where they have:* > * *contravened a range of industrial laws* > * *are found in contempt of court in relation to industrial laws or certain other circumstances* > * *repeatedly fail to stop their organisation from breaking the law or* > * *are otherwise not a fit and proper person to hold office in a registered organisation* * *make it an offence for a person to continue to act as an official or in a way that influences the affairs of an organisation once disqualified* * *allow the Federal Court to deregister an organisation (or make alternative orders) where there is:* > * *unlawful or otherwise improper conduct of the affairs of the organisation* > * *serious criminal offences committed by the organisation* > * *repeated breaches of a range of industrial laws by its members or* > * *the taking of obstructive unprotected industrial action by a substantial number of members* * *allow applications to be made to the Federal Court for alternative orders, including suspending the rights and privileges of an organisation, an individual or a branch or division of an organisation, instead of making an order deregistering an organisation.* * *expand the grounds on which the Federal Court may order remedial action to deal with governance issues in an organisation and expre — 2019-11-28, Senate: affirmative, ayes 36, noes 32
- The majority voted against an Australian Greens' motion, which means it failed. ### Motion text > *(1) Clause 2, page 2 (table item 1), omit the table item, substitute:* > >> *A single day to be fixed by Proclamation.* >> >> *1. The whole of this Act* >> >> *A Proclamation must not specify a day that occurs before the day a resolution of the Senate is made that affirms that an Act has commenced which has the effect of establishing a National Integrity Commission.* ### What is the bill's main idea? The bill was [introduced in order to](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd057): * *include serious criminal offences punishable by five or more years’ imprisonment as a new category of ‘prescribed offence’ for the purposes of the automatic disqualification regime which prohibits a person from acting as an official of a registered organisation* * *allow the Federal Court to disqualify officials from holding office where they have:* > * *contravened a range of industrial laws* > * *are found in contempt of court in relation to industrial laws or certain other circumstances* > * *repeatedly fail to stop their organisation from breaking the law or* > * *are otherwise not a fit and proper person to hold office in a registered organisation* * *make it an offence for a person to continue to act as an official or in a way that influences the affairs of an organisation once disqualified* * *allow the Federal Court to deregister an organisation (or make alternative orders) where there is:* > * *unlawful or otherwise improper conduct of the affairs of the organisation* > * *serious criminal offences committed by the organisation* > * *repeated breaches of a range of industrial laws by its members or* > * *the taking of obstructive unprotected industrial action by a substantial number of members* * *allow applications to be made to the Federal Court for alternative orders, including suspending the rights and privileges of an organisation, an — 2019-11-28, Senate: negative, ayes 32, noes 36
- The majority voted in favour of keeping item 9 of schedule 2, and schedules 3 and 4, as amended, unchanged. The question was put after the Jacqui Lambie Network moved for those schedules to be opposed. ### What do these schedules do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd057): * *Item 9 of Schedule 1 amends the bill so that a person who has been convicted of a prescribed offence as defined in section 212 is not eligible to be a candidate for election to, or to hold an office in, an organisation under subsection 215(1).* * *Schedule 3 deals with the administration of dysfunctional registered organisations and* * *Schedule 4 proposes a public interest test for amalgamations of registered organisations.* ### What is the bill's main idea? The bill was [introduced in order to](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd057): * *include serious criminal offences punishable by five or more years’ imprisonment as a new category of ‘prescribed offence’ for the purposes of the automatic disqualification regime which prohibits a person from acting as an official of a registered organisation* * *allow the Federal Court to disqualify officials from holding office where they have:* > * *contravened a range of industrial laws* > * *are found in contempt of court in relation to industrial laws or certain other circumstances* > * *repeatedly fail to stop their organisation from breaking the law or* > * *are otherwise not a fit and proper person to hold office in a registered organisation* * *make it an offence for a person to continue to act as an official or in a way that influences the affairs of an organisation once disqualified* * *allow the Federal Court to deregister an organisation (or make alternative orders) where there is:* > * *unlawful or otherwise improper conduct of the affairs of the organisation* > * *serious criminal offences committed by the organisation* > — 2019-11-28, Senate: affirmative, ayes 36, noes 32
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2019-11-28.143.1) introduced by Tasmanian Senator [Jacqui Lanbie](https://theyvoteforyou.org.au/people/senate/tasmania/jacqui_lambie), which means they failed. ### What is the bill's main idea? The bill was [introduced in order to](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6348): * *include certain serious criminal offences as a new category of ‘prescribed offence’ for the purposes of the automatic disqualification regime in relation to registered organisations;* * *establish an offence for a disqualified person to continue to act as an official or in a way that influences the affairs of an organisation;* * *allow the Federal Court to disqualify officials from holding office in certain circumstances or if they are otherwise not a fit and proper person;* * *allow the Federal Court to cancel the registration of an organisation on a range of grounds;* * *expand the grounds on which the Federal Court may order remedial action to deal with governance issues in an organisation;* * *expressly provide that the Federal Court may appoint an administrator to an organisation or part of an organisation as part of a remedial scheme;* * *introduce a public interest test for amalgamations of registered organisations; and* * *make minor and technical amendments.* — 2019-11-28, Senate: negative, ayes 33, noes 35
- The same number of senators voted for and against agreeing with the [bill](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6348) as amended during the [committee stage](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/), meaning that the bill failed because it wasn't supported by a majority. ### What is the bill's main idea? The bill was [introduced in order to](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6348): * *include certain serious criminal offences as a new category of ‘prescribed offence’ for the purposes of the automatic disqualification regime in relation to registered organisations;* * *establish an offence for a disqualified person to continue to act as an official or in a way that influences the affairs of an organisation;* * *allow the Federal Court to disqualify officials from holding office in certain circumstances or if they are otherwise not a fit and proper person;* * *allow the Federal Court to cancel the registration of an organisation on a range of grounds;* * *expand the grounds on which the Federal Court may order remedial action to deal with governance issues in an organisation;* * *expressly provide that the Federal Court may appoint an administrator to an organisation or part of an organisation as part of a remedial scheme;* * *introduce a public interest test for amalgamations of registered organisations; and* * *make minor and technical amendments.* — 2019-11-28, Senate: negative, ayes 34, noes 34
- Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019 - Second Reading - Put the question — 2019-12-05, House of Representatives: affirmative, ayes 74, noes 67
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/debate/?id=2019-12-05.42.1) to agree with the main idea of the bill. In parliamentary jargon, they voted to read the bill for a [second time](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html). This means that they can now discuss it in greater detail. ### What is the bill's main idea? The bill was [introduced in order to](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6348): * *include certain serious criminal offences as a new category of ‘prescribed offence’ for the purposes of the automatic disqualification regime in relation to registered organisations;* * *establish an offence for a disqualified person to continue to act as an official or in a way that influences the affairs of an organisation;* * *allow the Federal Court to disqualify officials from holding office in certain circumstances or if they are otherwise not a fit and proper person;* * *allow the Federal Court to cancel the registration of an organisation on a range of grounds;* * *expand the grounds on which the Federal Court may order remedial action to deal with governance issues in an organisation;* * *expressly provide that the Federal Court may appoint an administrator to an organisation or part of an organisation as part of a remedial scheme;* * *introduce a public interest test for amalgamations of registered organisations; and* * *make minor and technical amendments.* — 2019-12-05, House of Representatives: affirmative, ayes 76, noes 64
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/debate/?id=2019-12-05.44.8): > *That the question be now put.* In other words, they voted to stop this current debate and vote on the question immediately. — 2019-12-05, House of Representatives: affirmative, ayes 74, noes 67
- Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019 - Third Reading - Suspend usual rules to let a vote happen — 2019-12-05, House of Representatives: affirmative, ayes 74, noes 67
- Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019 - Third Reading - Put the question — 2019-12-05, House of Representatives: affirmative, ayes 74, noes 67
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/debate/?id=2019-12-05.52.1) to pass the bill in the House. In parliamentary jargon, they voted to read the bill for a [third time](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html). ### What is the bill's main idea? The bill was [introduced in order to](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6348): * *include certain serious criminal offences as a new category of ‘prescribed offence’ for the purposes of the automatic disqualification regime in relation to registered organisations;* * *establish an offence for a disqualified person to continue to act as an official or in a way that influences the affairs of an organisation;* * *allow the Federal Court to disqualify officials from holding office in certain circumstances or if they are otherwise not a fit and proper person;* * *allow the Federal Court to cancel the registration of an organisation on a range of grounds;* * *expand the grounds on which the Federal Court may order remedial action to deal with governance issues in an organisation;* * *expressly provide that the Federal Court may appoint an administrator to an organisation or part of an organisation as part of a remedial scheme;* * *introduce a public interest test for amalgamations of registered organisations; and* * *make minor and technical amendments.* — 2019-12-05, House of Representatives: affirmative, ayes 76, noes 65
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2019-07-04.
This bill would tighten rules on unions and employer groups after a royal commission found misconduct.
It would let the Federal Court ban officials from office and cancel an organisation's registration for serious breaches.
New rules would also block a merger that is not in the public interest.
- Include serious criminal offences as a ground for automatic disqualification from office.
- Empower the Federal Court to disqualify officials who repeatedly break industrial laws or are not fit and proper.
- Create an offence for a disqualified person to still act as an official.
- Allow the Federal Court to cancel registration for unlawful conduct or serious criminal offences.
- Expand the Federal Court's power to appoint an administrator to fix governance problems.
- Introduce a public interest test for amalgamations, considering each organisation's compliance record among other things.
Registered employee and employer organisations and their officials.
Sources
em
em supp
billhome